The tenant sought to exercise a break clause in the lease. The landlord said that the exercise of the right was subject to the tenant having first complied with the terms of the lease.
Held: There was an obvious mistake in the clause which should have referred to a notice given by the tenant and not by the landlord. The tenant’s solicitor had been aware of the mistake, but at the same time the landlord had sought to introduce the conditionality which he knew the tenant would not have accepted. The landlord’s solicitor had been open, if mistaken, and ‘equity does not usually proceed upon the basis that two wrongs make a right.’ The court would have ordered rectification if it was necessary.
Judges:
Hart J
Citations:
[2005] EWHC 1369 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Holding and Barnes Plc v Hill House Hammond Ltd (No 1) CA 20-Jul-2001
There had been a sale of an insurance business under which there were to be granted seven leases, two of which related to complete buildings and five to parts of buildings. All seven leases contained landlord’s repairing covenants. One of the leases . .
Cited – JIS (1974) Ltd v MCP Investment Nominees I Ltd CA 9-Apr-2003
The parties agreed for a lease to be granted of a new building. Part had been intended to be excluded for shops, but permission was not obtained, the shops area was included and leased back. When the tenants sought to determine the lease, the . .
Cited – Thomas Bates and Sons Ltd v Wyndham’s Lingerie Ltd CA 21-Nov-1980
An application was made for rectification of a rent review clause in a lease. When executing the lease, the tenants’ officer, Mr Avon, noticed that the rent review clause in the lease drafted by the landlords was defective in not including a . .
Cited by:
Appeal from – Littman and Another v Aspen Oil (Broking) Ltd CA 19-Dec-2005
A lease had been granted with a break clause, which the tenant exercised. The Landlord said it had not complied with its obligations and was not free to exercise that clause. The clause had included the word ‘landlord’ where it should have read . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 25 September 2022; Ref: scu.228238